ПРАВА ЛЮДИНИ В КОНТЕКСТІ ФІЛОСОФІЇ ПРАВА

Abstract

The article analyzes the history of formation and the main directions of development of the concept of human rights in the context of the philosophy of law. The stages of formation of human rights generations are considered. The author analyzes various philosophical approaches to understanding human rights and the "image of human" in them. It is determined that further development of human rights issues and formulation of directions for development of the next generations of human rights is one of the tasks of the philosophy of law.

The philosophical and legal approach defines human rights as those that, first, make it free and, second, protect human interests.

From the standpoint of the theory of will, rights give preference to the will of their owner over the will of the other party if it is in conflict with him. In contrast,  from the standpoint of interest theory, rights serve to protect or exercise the interests of their owner. In this case, the theory of natural law attributes legal rights to a kind of moral rights, while legal positivism does not.

For a full understanding of the "human image" in the concept of human rights, one should refer to the formula proposed by W. Brugger in the article "The image of person in the concept of human rights" (1995) which includes 5 elements: self- determination, significance, responsibility, protection of life and lifestyle.

His article explains the concept of "person", which is at the heart of the concept of human rights, which has evolved historically and is reflected in modern human rights documents.

Organizing diverse visions and dimensions of human rights is a methodologically complex task, and therefore it is important for the philosophy of law to formulate a universal, balanced approach that would counteract the ideological manipulation of the idea of human rights. Philosophy offers several different approaches to this task.